This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods that have guided the courts, and explores the reasons for major differences between these methods. Each of the six federations is the subject of a separate chapter written by a leading authority, which describes not only the interpretive methodology currently used, but the evolution of that methodology since the constitution in question was first enacted. The book also includes a concluding chapter that compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
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Book Description
Editorial Reviews
Review
`The book is a success. The essays are largely coherent in both structure and vocabulary; the authors manage to insert distinct perspectives while keeping to their organizational discipline; and the essays support readers in generating ideas for new research directions. Although the book focuses on questions of constitutional interpretation, the comparative orientation and the scope of constitutional questions that each essay addresses will make it a valuable reference for political scientists and political theorists, not just lawyers. The book will prove especially useful to graduate students or researchers contemplating a shift in their primary research direction.' Mariah Zeisberg, The Law and Politics Book Review (Vol. 16, No. 8)
--This text refers to the
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About the Author
Jeffrey Goldsworthy holds a Personal Chair at Monash University. His major interests are legal philosophy, and constitutional law, theory, and history. He has numerous publications in these fields, and is best known for his book The Sovereignty of Parliament, History and Philosophy (Clarendon Press, Oxford, 1999), and many journal articles on constitutional interpretation.
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Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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riksha pullers, reserved state powers, basic structure doctrine, unwritten constitutional principles, normativist approach, good government power, practical concordance, founding provisions, certification judgment, provincial consent, intergovernmental immunities, interpretive philosophies, implied bill, override clause, amending procedures, implied freedom, residuary power, text ton, federal distribution, ibid pars, cooperative governance, unwritten principles, strict legalism, countermajoritarian difficulty, federalism cases Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, United States, Privy Council, South Africa, Constitution Act, United Kingdom, Parliament of Canada, Constitution of Canada, Constitution of India, Constitutional Assembly, Federal Republic, National Assembly, New York, Professor Tushnet, Convention Debates, British Columbia, Fourteenth Amendment, Warren Court, British North America Act, Australian Constitution, House of Representatives, Brewery Employees Union, First Amendment, Government of India Act, Imperial Parliament New!
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Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
riksha pullers, reserved state powers, basic structure doctrine, unwritten constitutional principles, normativist approach, good government power, practical concordance, founding provisions, certification judgment, provincial consent, intergovernmental immunities, interpretive philosophies, implied bill, override clause, amending procedures, implied freedom, residuary power, text ton, federal distribution, ibid pars, cooperative governance, unwritten principles, strict legalism, countermajoritarian difficulty, federalism cases Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, United States, Privy Council, South Africa, Constitution Act, United Kingdom, Parliament of Canada, Constitution of Canada, Constitution of India, Constitutional Assembly, Federal Republic, National Assembly, New York, Professor Tushnet, Convention Debates, British Columbia, Fourteenth Amendment, Warren Court, British North America Act, Australian Constitution, House of Representatives, Brewery Employees Union, First Amendment, Government of India Act, Imperial Parliament New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
Citations (learn more)
This book cites 73
books:
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- Judicial Activism in India: Transgressing Borders and Enforcing Limits (Law in India) by S. P. Sathe on 4 pages
- Constitutional Law (Casebook) by Pamela S. Karlan on 4 pages
- Constitutional Law of Canada by Peter W. Hogg in Front Matter, page 55, and page 223
- The Constitutional Jurisprudence of the Federal Republic of Germany, 2nd ed. by Donald P. Kommers in Front Matter, page 188, and page 276
- The Australian Federal Judicial System by Fiona Opeskin on page 111, and page 149
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